49 U.S.C. § 21303 : US Code - Section 21303: Chapter 211 violations

Search 49 U.S.C. § 21303 : US Code - Section 21303: Chapter 211 violations

(a) Penalty. - (1) Subject to section 21304 of this title, a
person violating chapter 211 of this title, or violating any
provision of a waiver applicable to that person that has been
granted under section 21108 of this title, is liable to the United
States Government for a civil penalty. An act by an individual that
causes a railroad carrier to be in violation is a violation. For a
violation of section 21106 of this title, a separate violation
occurs for each day a facility is not in compliance.
(2) The Secretary of Transportation imposes a civil penalty under
this subsection. The amount of the penalty shall be at least $500
but not more than $10,000. However, when a grossly negligent
violation or a pattern of repeated violations has caused an
imminent hazard of death or injury to individuals, or has caused
death or injury, the amount may be not more than $20,000.
(3) The Secretary may compromise the amount of the civil penalty
under section 3711 of title 31. In determining the amount of a
compromise, the Secretary shall consider -
(A) the nature, circumstances, extent, and gravity of the
violation;
(B) with respect to the violator, the degree of culpability,
any history of violations, the ability to pay, and any effect on
the ability to continue to do business; and
(C) other matters that justice requires.
(4) If the Secretary does not compromise the amount of the civil
penalty, the Secretary shall refer the matter to the Attorney
General for collection.
(b) Civil Actions To Collect. - (1) The Attorney General shall
bring a civil action in a district court of the United States to
collect a civil penalty that is referred to the Attorney General
for collection under subsection (a) of this section after
satisfactory information is presented to the Attorney General. The
action may be brought in the judicial district in which the
violation occurred or the defendant has its principal executive
office. If the action is against an individual, the action also may
be brought in the judicial district in which the individual
resides.
(2) A civil action under this subsection must be brought not
later than 2 years after the date of the violation unless
administrative notification under section 3711 of title 31 is given
within that 2-year period to the person committing the violation.
However, even if notification is given, the action must be brought
within the period specified in section 2462 of title 28.
(c) Imputation of Knowledge. - In any proceeding under this
section, a railroad carrier is deemed to know the acts of its
officers and agents.